FOR IMMEDIATE RELEASE News Media Contact:
September 17, 2001 Meribeth McCarrick: (202) 418-0654
E-mail: mmccarri@fcc.gov
FCC PROVIDES CERTAIN ADDITIONAL FLEXIBILITY TO FACILITATE
VOLUNTARY CLEARING OF INCUMBENT BROADCASTERS IN
THE UPPER 700 MHz BAND
WASHINGTON, DC - On reconsideration, the Federal Communications Commission
(FCC) has affirmed its rules and granted certain additional flexibility to facilitate voluntary
clearing of incumbent broadcasters in the 746-806 MHz (Upper 700 MHz) spectrum band. This
action builds on previous decisions made pursuant to Congress's mandate that the Upper 700
MHz band be allocated for future use by commercial and public safety wireless licensees.
Television broadcast stations on Channels 60-69 currently occupy the Upper 700 MHz
band and may continue to operate on these frequencies until at least December 31, 2006.
However, Congress has also directed the Commission to auction commercial spectrum in the
band prior to the time that broadcasters are required to vacate. Acknowledging that there are
strong public interest benefits favoring comprehensive band-clearing agreements, the FCC has
modified its policies to provide certain additional flexibility to facilitate the development of
voluntary band-clearing arrangements between incumbent broadcasters and new commercial
wireless interests.
The adopted item addresses petitions for reconsideration that were filed in response to the
FCC's Third Report and Order in this proceeding. The Commission generally affirmed its
earlier decisions that are intended to accommodate voluntary band-clearing agreements among
incumbent broadcasters and new commercial wireless interests. The FCC also made adjustments
to certain DTV-related rules and policies for broadcasters participating in band-clearing
agreements. In particular, the Commission granted petitioners' request to allow a broadcaster
that gives up one of its channels to accommodate band clearing the flexibility to continue to
operate in analog mode and convert to DTV at any time up until December 31, 2005 and seek
further extension of the DTV construction deadline if less than 70% of the television households
in its market are capable of receiving DTV signals. The FCC also granted such broadcasters
limited relief from DTV policies regarding interference protection of non-replicated service
areas, and established a 90-day processing timeline for modification applications filed in
connection with band-clearing arrangements. Finally, the FCC rejected arguments by a
petitioner seeking to reverse its interference protection policies in connection with band-clearing
arrangements.
This decision is intended to promote greater regulatory certainty to facilitate market-
based, voluntary band-clearing arrangements between incumbent broadcasters and new wireless
interests.
Action by the Commission September 7, 2001, by Order on Reconsideration of the Third
Report and Order (FCC 01-258). Chairman Powell, Commissioners Abernathy and Martin,
Commissioners Tristani and Copps concurring, and Commissioners Tristani, Abernathy, Copps
and Martin issuing separate statements.
Wireless Bureau Contact: Bill Huber (202) 418-0660, e-mail: whuber@fcc.gov
Mass Media Bureau Contacts: Mania Baghdadi, (202) 418-2120, e-mail: mbaghdad@fcc.gov;
Gordon Godfrey, (202) 418-2193, e-mail: ggodfrey@fcc.gov
WT Docket No. 99-168
CS Docket No. 98-120
MM Docket No. 00-39
- FCC -
News Media Information 202 / 418-0500
TTY 202 / 418-2555
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
ftp.fcc.gov
Federal Communications Commission
445 12th Street, S.W.
Washington, D. C. 20554
This is an unofficial announcement of Commission action. Release of the full text of a Commission order
constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).